When we share, who will care?

 

The Australian Copyright Act has had to adapt recently to accommodate developing technology and now deals with more contemporary and complex copyright issues such as those associated with the use of personal media. However, the new laws may fail to address the protection of legitimate copyrighted information on the internet – classified as news, satire and parody.

Dr Matthew Rimmer, The Australian National University, suggests that because information sharing websites like Wikipedia and YouTube have become important communication platforms, new legislation is needed to protect consumer access to information – as in the United States.

 

The ‘infringement’ case against the popular video sharing site, YouTube (by entertainment corporation Viacom in the US) is just one example of the complexity of internet copyright laws, and could eventually lead to significant repercussions for internet users in Australia.

 

Viacom filed a law suit demanding all of its content, such as clips from MTV and Comedy Central, be taken down from the online video sharing website, YouTube.

 

This is a continuing problem for Google and YouTube, but also Australian internet users. This is largely because commercial users find it more difficult to be classified as fair dealings under Australian law, especially comparative to the laws in the United States.

 

The Re-write of Copyright

The year 2006 saw the amendment of existing copyright laws in Australia. The Copyright Amendment Act was passed by the Commonwealth Parliament, completing changes required through the US-Australia Free Trade Agreement. Specifically, the amendment toughened anti-circumvention laws; so that it is now illegal in Australia to circumvent technical measures employed by copyright owners to guard access to their works, and expanding the measures considered as technological protection procedures which may not be circumvented. These laws are similar to US laws, yet not identical.

 

The Act also introduced private copying exceptions, which reflect proposals from Attorney General, Philip Ruddock. This allows people to record radio transmissions or television broadcasts to watch or listen to, with family or friends, at a later date. Furthermore, one may make copies of CD’s onto personal computers or portable music players.

 

Some countries in Europe, and Canada have a fee or license requirement to compensate copyright owners for the creation of private copies. This is not the same under the new Australian laws; however, one may not reproduce works for family and friends. Obviously, this could create some complexity as margins are narrowly defined and loop-holes may be easily formed.

 

Furthermore, the Act also introduced a copyright exception permitting parody and satire, and an exception to tolerate particular non-commercial use by public sector institutions including universities, schools, and art galleries.